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Terms of Service

CHECKUP AND CHOICES LLC TERMS OF SERVICE

LAST UPDATED: APRIL 05, 2016

Checkup and Choices LLC, a Delaware limited liability company (“Checkup & Choices”), owns and maintains the website upon which we have placed these Terms of Service for your review (the “Site”). The Site is made available to you for your personal information and education. The program(s) presented through the Site, and the content, tools, reports, material, information or data downloaded or otherwise obtained through the use of this Site (collectively, the “Program”) is educational and not treatment. Your access to and use of the Site and the Program (collectively, the “Services”) are subject to the following Terms of Service. Please read these Terms of Service carefully before accessing or using the Services, so that you fully understand your rights and responsibilities. By accepting these Terms of Service, either by clicking “I Accept” below or by continuing to use the Services, you agree to these Terms of Service. If you do not agree with these Terms of Service, please exit the Site and discontinue use of the Services.

In the event of a medical emergency, call 911. Do not disregard or delay seeking medical advice because of content you have read or information you have received through your use of the Services. The Services are educational and are not medical advice. Neither the Services nor communications you receive through your use of the Services are monitored for medical diagnostics or emergency health care purposes.

The Program is not a substitute for a full evaluation or treatment by a healthcare professional. While the information provided here is based on sound scientific research, each person is unique. The Program is an interactive version of self-help. Should you have any health care-related or mental health care-related questions, please call or see your qualified health care practitioner promptly. Always consult with local professionals, such as physicians, psychologists, psychotherapists or other qualified health care, spiritual or religious leaders, or their associate practitioners before starting on a program of personal change. Never disregard medical advice or mental health treatment or delay in seeking it because of something you have read or heard on this Site.

You will not be engaging in a therapist-patient relationship in any way when you use the Services. The Services are not directly or indirectly practicing psychotherapy, nor dispensing medical or psychotherapeutic services. Nothing stated or posted through the Services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care.

1. CHANGES

Checkup & Choices reserves the right to modify or amend these Terms of Service at any time. All changes will be effective immediately upon their posting. Material changes will be posted conspicuously on the Site. By accessing the Site following posting of changes to the Terms of Service, you agree to all such changes. The Services may be changed or updated without notice.

2. REPRESENTATIONS MADE BY YOU

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to be legally bound by these Terms of Service. You assume total responsibility for your access to and use of the Services and to comply with your responsibilities and obligations as stated in these Terms of Service. If you are not 18 years of age, you are not permitted to use and the Services and must exit now. You are responsible for the accuracy of information that you submit via the Site. You acknowledge and agree that your use of the Services is at your own discretion and risk.

3. RESTRICTIONS ON YOUR USE

You may not download, reproduce, copy, forward or otherwise distribute any content, information or materials on this Site without the prior express written consent of Checkup & Choices and the consent of any third party copyright owner, as applicable. Any rights that are not expressly granted by these Terms of Service or any applicable license agreements are reserved by Checkup & Choices. You may not use the Services for any purpose prohibited or restricted by law or in violation of these Terms of Service. You agree not to attempt, through any means, to gain unauthorized access to the Site, or another subscriber’s account on the Site. You will not use any robot, spider, other automatic device, or manual process to monitor or copy web pages or the content contained in the Site.

4. INTELLECTUAL PROPERTY RIGHTS

Title, ownership rights, and all intellectual property rights in and to the Services, including, without limitation, patents, copyrights, trademarks and trade secrets, shall remain with Checkup & Choices and/or its licensors. The Services are proprietary to Checkup & Choices and are protected by the copyright laws of the United States and international copyright treaties. By making the Services available to you, Checkup & Choices is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of the Services. All material on the Site, including, without limitation, all informational text, design of and “look and feel” of the Site, layout, photographs, graphics, audio, video, messages, files, documents, images or other materials (collectively, the “Materials”), whether publicly posted or privately transmitted, as well as all derivative works, are owned by Checkup & Choices or other parties that have licensed their material to Checkup & Choices and are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of any Materials is strictly prohibited, and may be prosecuted to the fullest extent of the law.

5. NO WARRANTIES

THE SERVICES ARE PROVIDED AS-IS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND CHECKUP & CHOICES DISCLAIMS ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE IN TRADE. CHECKUP & CHOICES DOES NOT MAKE ANY WARRANTY OR REPRESENTATION AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE SERVICES. FURTHER, CHECKUP & CHOICES DOES NOT WARRANT OR REPRESENT THAT ANY INFORMATION DOWNLOADED FROM SITE IS FREE FROM VIRUSES. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. CHECKUP & CHOICES MAKES NO GUARANTEES WHATSOEVER AS TO THE RELIABILITY, CORRECTNESS OR ACCURACY OF THE SERVICES OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES.

6. LIMITATION ON LIABILITY

Neither Checkup & Choices, nor its affiliates, nor any third parties who contract with Checkup & Choices for the Services who may have referred you to the Site (each a “Services Partner”), nor their respective officers, directors, employees or agents are responsible or liable to you under any theory of liability or indemnity in connection with your access or use of the Services. You agree not to bring, file, or participate in any claim, suit, or complaint against Checkup & Choices, its affiliates, any of its Services Partners or any of their respective officers, directors, employees or agents as a result of your use of the Services or any decision made in reliance upon, or results obtained from, the use thereof. Neither Checkup & Choices, its affiliates, its Services Partners, nor their respective officers, directors, employees or agents are or will be liable or responsible for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages of any kind arising out of or relating in any way to the Services, whether such damages are based on tort, contract, negligence, strict liability, or otherwise, even if Checkup & Choices has been advised of the possibility of such damages. The total cumulative liability of Checkup & Choices, its affiliates, its Services Partners, or their respective officers, directors, employees or agents hereunder, for any reason, will not exceed $100.00. Some states do not allow for the exclusion or limitation of certain damages, so some of the above exclusions or limitations may not apply to you.

7. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Checkup & Choices, its affiliates and their respective officers, directors, employees and agents from and against all losses, expenses, liabilities, damages and costs, including without limitation reasonable attorneys’ fees, resulting from or arising from your use of the Services or any violation of these Terms of Service.

8. PRIVACY POLICY

Use of the Services is also governed by the terms of the Checkup & Choices Privacy Policy, located at https://my.checkupandchoices.com/privacy, which may be modified by Checkup & Choices from time to time (the “Privacy Policy”), which is incorporated into these Terms of Service by this reference. You hereby grant Checkup & Choices a non-exclusive, perpetual, royalty-free license to use the information provided by you in your use of the Services in any manner in the sole discretion of Checkup & Choices, provided such use is in accordance with the Privacy Policy. Any Personal Information collected on the Site will be used and disclosed only as authorized and directed by you in accordance with the Privacy Policy and your authorization provided in Section 9 below. Checkup & Choices will use information provided by you, including health information, to produce reports and recommendations for you (collectively “Reports“).

By electronically signing or otherwise accepting these Terms of Service, you give your written permission to Checkup & Choices to retain your Personal Information and to use and/or disclose your Personal Information as necessary to provide the Services. Specifically, you agree that Checkup & Choices can use your Personal Information to: enable and customize your use of the Services; provide you with alerts regarding the Services; share information with you regarding other services, products or resources that we think you may be interested in learning more about; provide you with updates and information about the Services; conduct analysis for Checkup & Choices’ business purposes; support development of the Services; and create de-identified information and then use and disclose this information in any way permitted by law.

9. CHECKUP & CHOICES IS NOT A BUSINESS ASSOCIATE

You acknowledge and agree that Checkup & Choices will only receive your Personal Information, which may include some health information, that you choose to share with Checkup & Choices through your use of the Services and that Checkup & Choices will not receive any of your Personal Information from any third parties, including your health providers or health plans.

10. DISCLOSURE OF PERSONAL INFORMATION

You acknowledge and agree that the Services may allow you to share your Reports and Personal Information (as defined in the Privacy Policy) stored on the Checkup & Choices network with third parties of your choosing (all such shared information referred to herein as your “Shared Information”). Checkup & Choices will have no control over your choice to provide access to your Shared Information or the persons to whom you provide access. Checkup & Choices will have no liability to you in connection with any access you provide to your Shared Information, including without limitation, liability arising from mistakes that you make in your attempts to provide such access.

You agree that Checkup & Choices can disclose your Personal Information to: third parties assisting Checkup & Choices with any of the uses described in Section 9 above; a third party as part of a potential merger, sale or acquisition of Checkup & Choices; and our business partners who assist us by performing core services (such as hosting, billing, fulfillment, or data storage and security) related to the operation or provision of the Services.

11. SECURITY/PASSWORDS

You are responsible for maintaining the confidentiality of your access to the Services. Checkup & Choices has no control over use of passwords, and cannot tell whether someone else is accessing the Site under your password. You are solely responsible for any use of your password or other login information by you or any third party. Checkup & Choices has no responsibility or liability for any such use. You agree to immediately notify Checkup & Choices of any unauthorized use of your account or any other breach of security that is known or suspected by you.

12. THIRD PARTY WEBSITES

Checkup & Choices has no liability for any third party website that you may access through the Services. When you access a third party website, you acknowledge that it is independent from Checkup & Choices and that Checkup & Choices has no control over such website or its content. In addition, Checkup & Choices does not endorse any third party whose website may be linked from this Site. Checkup & Choices does not and cannot ensure the propriety, security or accuracy of any third party website and you are encouraged to review the posted policies of any website that you visit.

13. DMCA

Checkup & Choices™, and other names, trademarks, trade names, service marks, logos, symbols or other source identifiers identified on the Site or used by Checkup & Choices, in addition to other marks not listed herein, are registered service marks of Checkup and Choices LLC. You may not use any of Checkup and Choices LLC’s trademarks for any purpose without the express written permission of Checkup and Choices LLC. Other names, trademarks, trade names, service marks, logos, symbols or other source identifiers identified on the Site may be owned by a third-party. The use on the Site of any name, trade name, trademark, service mark, design, logo, symbol or other proprietary designation or marking of or belonging to a third party, and the availability of goods or services from such third parties, shall not be construed as an endorsement, sponsorship or recommendation of the Site or services provided by Checkup & Choices by any such third party, or the participation by such third parties in the offering of goods or services through the Site.

Checkup & Choices respects the intellectual property rights of others. If you or any user of this Site believes its copyright, trademark or other property rights have been infringed by any content posted on this Site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(2) Identification of the copyrighted work claimed to have been infringed;

(3) Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

(4) Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;

(5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and

(6) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated. The Designated Agent for Claimed Infringement shall be to info@checkupandchoices.com, or you may also write to us at the address provided below with Attention to: DMCA Agent. ALL CLAIMS MUST BE IN WRITING AND MAY NOT BE MADE BY TELEPHONE.

Except as expressly provided herein, you do not acquire any rights to the Services through the purchase of products or Services or the Site. You may not reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code (i.e., the human-readable form of any computer programming code) (“Source Code”) of the components of the Services or Site, or create derivative works based thereon.

You are not permitted to: (a) remove any proprietary notices, labels, or marks on any component of the products, Services or its System (or the Services or Site generally), whether physically, in compiled machine language, or in the Source Code; (b) use the Services to provide a service bureau by which the Services can be accessed by third parties or by which information produced pursuant to the Services is sold or given to third parties; or (c) sublicense, assign, delegate or otherwise transfer this license or an of the related rights or obligations for any reason without the prior written consent of Checkup & Choices (any attempt to sublicense, assign, delegate or transfer this license, either by contract, statute, corporate merger of any sort, regulation or court order, without the prior written consent of Checkup & Choices shall be voidable at Checkup & Choice’s sole and absolute discretion). Failure to comply with these restrictions will result in automatic termination of any rights provided to you under this Agreement.

14. TERMINATION

Checkup & Choices may at any time and for any reason disable, terminate or suspend your access to the Services. You agree that Checkup & Choices will not be liable to you or any third party for any termination of your access to the Services.

15. CHOICE OF LAW AND VENUE

These Terms of Service are a binding agreement between you and Checkup & Choices and are governed by and construed in accordance with the laws of the State of New Mexico, exclusive of its choice of law rules. Each party to these Terms of Service submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Bernalillo in the State of New Mexico, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms of Service, Checkup & Choices will be entitled to all costs and attorneys’ fees it incurs. This Site is not targeted to subscribers in any particular locality, nor is it intended to constitute the doing of business in any jurisdiction, nor to be a solicitation of business anywhere on behalf of Checkup & Choices or any of its affiliated entities. Any cause of action or claim you have regarding the Services must be commenced within one year after the claim or cause of action arises or the claim or cause of action is barred.

16. NOTICES

Notice may be given to you as a subscriber of this Site by posting information to this Site. You may only give notice to Checkup & Choices in writing by certified mail, return receipt requested, or by prepaid overnight delivery by a nationally recognized courier, in each case addressed to: Checkup and Choices LLC, Attention; CEO, 9426 Indian School Road NE, Suite 1, Albuquerque, NM 87112.

17. WAIVER; ASSIGNMENT

The failure of Checkup & Choices to assert any right under these Terms of Service will not be considered to be a waiver of that right, and such right will remain in full force and effect. No waiver by either party of any breach or default will be deemed to be a waiver of any preceding or subsequent breach or default. Checkup & Choices may assign its rights and obligations under these Terms of Service; in this event, Checkup & Choices will be relieved of any further obligation.

18. ENTIRE AGREEMENT

These Terms of Service, along with the Privacy Policy, constitute the entire agreement between Checkup & Choices and you pertaining to the subject matter hereof. If a court deems any provision of these Terms of Service unenforceable or invalid, then the court will modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable then the provision will be severed and the remaining terms will be interpreted and read to give them maximum enforceability.

19. THIRD PARTY BENEFICIARIES

Checkup & Choices Services Partners shall be deemed to be third party beneficiaries of the terms of this Agreement.